- 45 - as constructive dividends to Elvin. We also conclude that Elvin received a constructive dividend of $1,155 for maintenance, repairs, and operation of the Sea Ray Boat that were paid by YOC in 1983 but that were not deducted by YOC as a business expense. The Motor Home -- Claimed Business Expenses and Constructive Dividends Petitioners argue that because YOC received the motor home in trade on the sale of a new automobile and because Elvin used the motor home primarily for business, the motor home should be treated as an asset of YOC and expenses associated with the motor home should be treated as deductible business expenses of YOC. Respondent argues that the motor home should be treated as Elvin's property and that Elvin used the motor home almost exclusively for personal use. Respondent therefore concludes that the full $10,000 cost of the motor home should be treated as a constructive dividend to Elvin. Respondent also argues that the $10,697 in 1983 and the $16,802 in 1984 paid by YOC for maintenance, improvement, and operation of the motor home should be disallowed as business expenses of YOC and should be treated as constructive dividends to Elvin. We agree with petitioner as to ownership of the motor home, but we agree with respondent as to its use and as to the various expenses related thereto. YOC received the motor home as a trade-in on the purchase of a new automobile in a valid business transaction, and the motorPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011